The High Court of Jharkhand converted provisional bail into absolute bail for the petitioner accused of dowry-related offences, conditioned upon a monetary deposit of Rs.25,000 before the lower court.
Absolute bail granted on deposit of Rs.25,000 before the lower court within three weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4608 of 2018
Binay Raj Burman ... Petitioner(s).
Versus
CORAM : HON'BLE MR. JUSTICE ANANDA SEN .
-----For the Petitioner(s) : Mr. Nilesh Kumar, Advocate. For the State : A.P.P. For the informant : Ms. Rakhee Kumari, Advocate.
07/10.12.2018:
Heard the counsel for the parties.
The petitioner is an accused for the offence punishable under Section(s) 498A, 323 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.
The petitioner is the husband. It is alleged that the petitioner and others used to assault and torture her for non-fulfillment of demand of dowry.
Counsel for the petitioner submits that the allegation against the petitioner and others is general and omnibus in nature. He further submits that the petitioner is in custody since 6.3.2018 till he is released on provisional bail on 9.7.2018.
Counsel appearing for the informant opposes the prayer for bail and submits that there is specific allegation of assault and torture against the petitioner for non-fulfillment of demand of dowry.
Taking into consideration the nature of allegation against the petitioner, I am inclined to release him on bail. Accordingly, the provisional bail granted to the petitioner, above named, vide order dated 9.7.2018 is made absolute in connection with complaint case No. 518 of 2016, pending in the court of learned Judicial Magistrate, 1st Class, Ramgrarh, with a condition that he will deposit a sum of Rs.25,000/- (twenty five thousand only) before the court below within three weeks from today, failing which, necessary steps shall be taken against the petitioner for his re-arrest. The amount will be disbursed to the Opp. Party No. 2 after proper verification and identification.
(ANANDA SEN, J.)
Anu/-C.P.-3
1 issue framed by the court
Whether the petitioner shall be released on absolute bail in the offence under Sections 498A and 323 IPC and Sections 3/4 of the Dowry Prohibition Act.
2 provisions across 2 enactments
Binay Raj Burman
The State of Jharkhand
Arti Dewi @ Arti Kumar
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
